The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

The seized philopon 2.5g (No. 1) and philopon.

1. The sentencing of the lower court (one year of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. Determination

A. In light of the criminal records and criminal records of the same kind, and the criminal records of this case during the same repeated crime period, it is inevitable to sentence a sentence without undermining the Defendant’s responsibility.

B. The Defendant is expected not to repeat the crime by making all confessions when committing the crime in the first instance.

There are extenuating circumstances, such as seeking the wife, because the defendant submitted a report of investigation on Jan. 7, 2016 to the Korean National Police Agency, and the defendant actively cooperated with the arrest of the narcotics offender, as the defendant has contributed to the arrest of the narcotics offender.

(c)

In addition, considering all of the sentencing conditions indicated in the instant case, such as the Defendant’s age, family relation, motive, background and consequence of the crime, and circumstances after the crime, the lower court’s punishment is unreasonable.

3. The appeal by the defendant is with merit, and the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 and Article 2 (3) of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Facts and the Selection of Imprisonment with prison labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. (the collection of 100,000 won for a penphone administered once);

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;